NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited. Open to legal residents of the greater Parkersburg and Ripley WV areas, ages 18 and older. Odds of winning depend on the number of eligible entries received. Sponsor: Smith Orthodontics, 6 Rosemar Cir., Parkersburg, WV 26104.
Eligibility: The Smith Orthodontics Free Braces Giveaway (giveaway) is open to residents of the greater Parkersburg and Ripley, WV areas, who are at least eighteen (18) years of age or older at the time of entry. Employees, contractors, directors, officers, and agents of Smith Orthodontics (sponsor), its affiliates, subsidiaries, distributors, sales representatives, and advertising, promotion and judging agencies and all other service agencies involved with the giveaway, and members of the immediate family (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and household of each such persons (whether or not related) are not eligible to enter or win.
This giveaway is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and sponsor’s decisions, which are final and binding in all matters related to the giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein.
How to Enter: Visit www.dramyortho.com/free-braces/ and fill out the entry from by providing your name, email address, phone number, and any other information requested to receive one (1) entry into the giveaway. Entrants will be added to the Smith Orthodontics’ email subscriber list. Limit one entry per person per giveaway. Individuals who do not follow all of the instructions, provide all required information in their registration form, and/or abide by these official rules or other instructions of sponsor may be disqualified.
Automated entries are prohibited, and any use of automated devices will cause disqualification. Entrants may not enter with multiple email address, or under multiple identities, nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple email addresses, under multiple identities, or uses any device or artifice to register multiple times will be disqualified and forfeits any and all prizes won. Multiple entrants are not permitted to share the same email address. Should multiple users of the same email account enter the giveaway and a dispute thereafter arises regarding the identity of the entrant, the authorized account holder of said email account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the person who is assigned an email address by an Internet access provider, an on-line service provider or other organization responsible for assigning email addresses or the domain associated with the submitted email address. Potential winner may be required to show proof of being the authorized account holder.
Drawing: At the end of the giveaway period, sponsor will randomly select one prize winner from all eligible entries received. Odds of winning depend upon the number of eligible entries received.
Winners will be notified via the email address and/or phone number provided during entry into the giveaway. Potential winners are subject to verification. Potential winners will have two (2) business days to respond to sponsor to verify acceptance of a prize. After this time period, the prize may be forfeited and an alternate winner may be randomly selected by sponsor. If a potential winner is found not to be eligible or not in compliance with these official rules, if attempted notification or any prize is undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then winner may be disqualified and the prize may be forfeited at sponsor’s sole discretion. In the event a potential winner is disqualified for any reason, sponsor reserves the right to award the prize to an alternate entrant who will also be selected randomly from among all eligible entries.
Prize: One winner will receive their choice of traditional silver, gold, WildSmiles, or Mascot Braces. Approximate retail value (ARV): $5,000.00.
General Prize Terms: ARVs are as of date of printing of these rules. The difference in value of prize as stated herein and value at time of prize notification, if any, will not be awarded. Limit one prize per person/household. Prizes are transferable to an immediate family member. No cash equivalent or substitution of prize is offered. Prize winners will be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the prize they receive. Winner will be asked to complete an IRS W-9 form and will be issued an IRS 1099 form.
General Conditions: Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the giveaway, or by any technical or human error which may occur in the processing of the entries. Sponsor reserves the right to cancel, suspend, and/or modify the giveaway, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond sponsor’s reasonable control impairs the integrity or proper functioning of the giveaway, as determined by sponsor in its sole discretion. Sponsor is not responsible for computer system, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the website, or network connections that are human or technical in nature. Sponsor reserves the right to disqualify any individual it finds to be tampering with the entry process, the website, or to be acting in violation of these official rules or in an unsportsmanlike or disruptive manner.
WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR’S FAILURE TO ENFORCE ANY TERMS OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION.
Release: No liability or responsibility is assumed by sponsor resulting from the user’s participation or attempt to participate in the giveaway. Except as otherwise provided by law, sponsor is not responsible for any errors in these official rules, the giveaway materials, or the announcement of winners. As a condition of entering, entrants agree; (a) to release sponsor, its affiliates, subsidiaries, retailers, and agents, and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize; (b) under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased; (c) all causes of action arising out of or connected with this giveaway, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
Binding Arbitration: Any controversy or claim arising out of or relating to this giveaway shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply West Virginia law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate the costs of arbitration will be prohibitive as compared to the costs of litigation, sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS GIVEAWAY IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE GIVEAWAY, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY SET FORTH ABOVE AND IN SECTION 7(B)-(D), SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.
Governing Law and Jurisdiction: This giveaway and its official rules are governed by U.S. law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the official rules, or the rights and obligations of entrants and sponsor in connection with the giveaway, shall be governed by, and construed in accordance with, the laws of the State of West Virginia, without giving effect to the conflict of laws thereof, and any matters of proceedings which are not subject to arbitration as set forth in Section 8 of these official rules and/or for entering any judgment on an arbitration award, shall take place in the State of West Virginia.
Publicity and Personal Information: By participating, where allowed by law, all participants and winner(s) grant the sponsor exclusive permission to use their names, characters, photographs, voices, videotape, and likenesses in connection with promotion of this and other giveaways and waive any claims to royalty, right, or remuneration for such use. By participating in the giveaway, where allowed by law, participants agree that the sponsor may disclose personal information obtained from participants in the giveaway to third parties and use such information for marketing and other purposes.
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